[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:
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.
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.
shall mean any motorized equipment, registered or unregistered,
including, but not limited to, passenger cars, motorcycles, trucks,
tractor trailers, construction equipment and farm machinery.
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]
[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.
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.)
shall mean a farm management unit producing agricultural
or horticultural products worth two thousand five hundred ($2,500.00)
dollars or more annually.
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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
