Borough of Roseland, NJ
Essex County
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Table of Contents
Table of Contents
[1973 Code § 11-6; New]
Underground storage tanks shall comply with the Uniform Construction Code and the New Jersey State Statutes.
[1973 Code § 4-14.1]
a. 
This section provides for the replacement or reimbursement of the specialized and sometimes nonreusable equipment required by State and Federal regulations to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material.
b. 
This section entitles the Borough to reimbursement for any expendable items used by the Borough or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.
[1973 Code § 4-14.2]
As used in this section, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
shall mean any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include, but are not restricted to, firefighting foam, chemical extinguishing agents, fire hose, absorbent material, sand, recovery drums and specialized protective equipment, including, but not limited to, acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS SUBSTANCE
shall mean any substance contained, or in a mixture contained, in the National Fire Protection Associations Guide of Hazardous Materials or Department of Transportation Guide Book or any substance which the New Jersey Department of Environmental Protection has determined poses a threat to health and safety of any employee.
VEHICLE
shall mean any motorized equipment, registered or unregistered, including, but not limited to, passenger cars, motorcycles, trucks, tractor trailers, construction equipment and farm machinery.
VESSEL
shall mean any container, drum, box, cylinder or tank used to hold, contain, carry or store any hazardous material.
[1973 Code § 4-14.3]
Reimbursement to the Borough for any expendable items used shall be made by the following parties:
a. 
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
b. 
The owner or operator of any vessel containing hazardous materials involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.
c. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.
d. 
Any person responsible for any fire, leak or spill of hazardous materials on public or private property, whether accidental or through negligence.
[1973 Code § 4-14.4]
Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or any other Borough agency to handle such incident.
[1973 Code § 4-14.5]
Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough for the full price of any expendable items used by Borough agencies to extinguish such fire, stop or contain such leak or control such spill within forty-five (45) days after receipt of a bill for such items from the Borough or its agencies.
[1973 Code § 4-14.6; New]
Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the Borough within the time set forth in subsection 18-2.5 shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 8-2011 § 1]
The purpose of this section 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. This section does not apply to fertilizer application on commercial farms.
[Ord. No. 8-2011 § 2]
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. 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. 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.
This section 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 farms are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
[Ord. No. 8-2011 § 3]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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
shall mean the land area twenty-five (25) feet in width, adjacent to any water body. (The Department believes that twenty-five (25) feet is the appropriate buffer width to be protective of water quality. However, in situations that warrant additional flexibility, such as where lot sizes are exceptionally small or where the twenty-five (25) foot buffer constitutes the majority of the available property, the municipality may reduce the buffer to ten (10) feet in width, with the additional requirement that a drop spreader be used for fertilizer application.)
COMMERCIAL FARM
shall mean a farm management unit producing agricultural or horticultural products worth two thousand five hundred ($2,500.00) dollars or more annually.
FERTILIZER
shall mean a fertilizer material, mixed fertilizer or any other substance continuing one (1) 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
shall mean 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 into the soil.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
shall mean any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero; except that is 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
shall mean 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.
WATER BODY
shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 8-2011 § 4]
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 fifteen (15) days prior to the start of or at any time after the end of the recognized growing season. (Season applicable to municipality as identified by the USDA Plant Hardiness Zones. USDA Plant Hardiness Zones mapping can be found in The Standards for Soil Erosion and Sediment Control in New Jersey, July 1999. The growing seasons are identified as follows: Zones 5b and 6a (northwestern New Jersey) — March 15 to October 31; Zone 6b (northeastern, central and part of southern New Jersey) — March 1 to November 15; Zones 7a and 7b (Atlantic Coastal area and southwestern New Jersey) — February 1 to November 30. Refer to USDA Plant Hardiness Zone mapping for more information).
[Ord. No. 8-2011 § 5]
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 Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for establishing vegetation for the first time, such as after land disturbance, provided 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, re-established 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.
[Ord. No. 8-2011 § 6]
This section shall be enforced by the Department of Public Works and the Health Department.
[Ord. No. 8-2011 § 7]
Any person(s) found to be in violation of the provisions of this section shall be subject to a fine not to exceed one hundred ($100.00) dollars.