The purpose of this ordinance 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 ordinance does not apply to fertilizer application
on commercial farms.
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive 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 ordinance 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
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
Resource Conservation Service and approved by the Soil Conservation
District Board.
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this ordinance 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, twenty-five (25) feet in width, adjacent to
any water body.
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural
products worth two thousand five hundred dollars ($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 Research and 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 (within twenty-four (24) hours) 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 refuse.
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 (March
1 to November 15).
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:
(a)
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;
(b)
Re-established or repairing a turf area.
(2) Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soil's surface, directly to the feeder roots.
(3) Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
This ordinance shall be enforced by the Code Enforcement Officer
of the Township of Barnegat.
Any person(s) found to be in violation of the provisions of
this ordinance shall be subject to a fine not to exceed five hundred
dollars ($500.).
Each section, subsection, sentence, clause and phrase of this
ordinance is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this ordinance to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this ordinance.
This ordinance shall be in full force and effect twenty (20)
days from final adoption.