[Ord. No. 2010-01]
The purpose of this section is to regulate the outdoor application
of fertilizer products so as to reduce the overall amount of excess
nutrients from fertilizers entering waterways, thereby helping to
protect and improve surface and groundwater quality. The section is
further intended to establish a procedure to educate the public and
landscapers on the proper application of fertilizers.
[Ord. No. 2010-01]
For the purpose of this section, the following terms shall have
the meanings stated herein. The word "shall" is always mandatory and
not merely directory.
shall mean any person who applies fertilizer products to
soils or turf.
shall mean the land area, twenty-five (25) feet in width,
adjacent to any waterbody.
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 containing one or more recognized plant nutrients,
which is used for its plant nutrient content, and that 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 compacted or covered with
a layer of material so that it is highly resistant to infiltration
by water. This term shall include any highway, street, sidewalk, parking
lot, driveway or other location that prevents infiltration of water
into the soil.
shall mean a person or business that, in exchange for pay,
goods, services or other consideration, applies fertilizer product
to soil or turf.
shall mean any fertilizer that contains phosphorous, expressed
as P2O5, with a guaranteed analysis of greater than zero; except that
it shall not be considered to include animal or vegetable manures,
agricultural liming materials or wood ashes that have not been amended
to increase their nutrient content. The phosphorous percentage in
a fertilizer product is included on the packaging, which contains
three (3) numbers (e.g. "26-0-3"), with the phosphorous percentage
as the middle number. A zero (0) in the middle means no phosphorous,
while a "2" or a "3" means low phosphorous.
shall mean a technical analysis of soil conducted by an accredited
soil-testing laboratory following the protocol for such a test established
by the Rutgers Cooperative Research and Extension.
shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay, canal, estuary and any marine waters.
[Ord. No. 2010-01]
Applicators shall be prohibited from engaging in any of the
following activities:
a.
The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept or blown back into the target surface or returned to its original
container or another appropriate container for reuse or disposal.
b.
The application of fertilizer between December 15th and February
15th or if the ground is frozen.
c.
The deposit of grass clippings, leaves or other vegetative debris
into waterbodies, retention or detention areas, drainage ditches or
stormwater drains, or onto impervious surfaces except during scheduled
cleanup programs.
d.
The use or application of fertilizer within any of the Island Heights
Borough Wellhead Protection Overlay Zones.
e.
The application of fertilizer in excess of the manufacturer's
recommended rate.
f.
The application of any phosphorous fertilizer except as demonstrated
by a need for specific soils in accordance with a soil test and the
associated annual fertilizer recommendation issued by the Rutgers
Cooperative Research and Extension.
[Ord. No. 2010-01]
The following activities shall be exempt from subsection 25-1.3 of this section:
a.
The application of fertilizer on commercial farms, although 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.
b.
The application of any phosphorous fertilizer when:
1.
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; or
2.
Re-establishing or repairing turf after substantial damage; or
3.
Applying phosphorous fertilizer that delivers liquid or granular
fertilizer under the soil's surface, directly to the feeder roots;
or
4.
Applying phosphorous fertilizer to residential container plantings,
flowerbeds or vegetable gardens.
c.
The application of fertilizer products on a park or recreation area,
when implemented in accordance with the terms of a Turf Management
Program that has been submitted to and approved by the Borough, which
shall be required on an annual basis, and which shall include the
application of fertilizer on the property by a landscape professional.
[Ord. No. 2010-01]
The following guidelines are recommended for use by any applicator.
a.
Drop spreaders, rather than broadcast spreaders or other type spreaders,
are recommended for use when applying fertilizer.
b.
Fertilizers should not be applied within twenty-four (24) hours of
any substantial rainfall, consisting of any storm generating one-half
(1/2") inch of rain or more within a twenty-four (24) hour period.
c.
The Borough recommends that grass clippings remain on lawns wherever
possible to promote water conservation. In those instances where leaving
grass clippings on lawns is impractical, all excess grass clippings
should be removed within eight (8) hours of mowing due to high phosphorous,
nitrate and nutrient content in grass clippings that will act as a
fertilizer if permitted to enter waterways. All grass clippings and
organic material shall be removed from impervious surfaces.
d.
Only nitrogen-based fertilizers in slow-release formulas should be
used absent a documented need for other fertilizer types.
e.
Soil testing should be conducted once every three (3) years to determine
which nutrients, if any, are necessary before any fertilizers are
applied. The County of Ocean provides soil testing services at no
charge or a minimal charge.
f.
Fertilizers should be applied, if at all, no more than four (4) times
per year on a single parcel of property.
g.
Fertilizer should not be applied to areas within the twenty-five
(25') foot buffer of any waterbody.
[Ord. No. 2010-01]
a.
All landscape professionals who apply fertilizer to property in the
Borough shall be required to complete an educational course that is
offered by Island Heights Department of Public Works on the proper
application of fertilizer by January 1, 2011. The course shall be
offered on a regular basis as established by the Department of Public
Works, but not less than once per month, at a cost of twenty ($20.00)
dollars for each landscape professional. The course shall take approximately
one (1) hour to complete. Members of the public shall also be permitted
to attend any course session free of charge. The Department of Public
Works shall publicly post a schedule of course sessions, including
times and dates.
b.
A landscape professional with more than one (1) employee may designate
a person to serve as the business' "Certified Fertilizer Applicator",
which person shall complete the Fertilizer Education Course. Any employee
of a landscape professional who applies fertilizer must work under
the direct supervision of a Certified Fertilizer Applicator, who shall
be responsible for the compliance of the landscape professional and
its employees with the provisions of this section.
c.
Upon completion, each landscape professional that attends and completes
the Fertilizer Education Course shall be provided with a certificate
of completion and a sticker to be placed upon vehicles used by the
landscape professional to document the successful completion of the
course.
[Ord. No. 2010-01]
This section shall be enforced by the Island Heights Code Enforcement
Officer.
[Ord. No. 2010-01]
a.
Any person found to be in violation of any provision of this section
shall be issued a written warning by the Code Enforcement Officer.
After the issuance of three (3) written warnings to an applicator,
the Code Enforcement Officer shall issue a summons, which shall subject
the violator to a fine not to exceed five hundred ($500.00) dollars.
b.
Any landscape professional who fails to successfully complete the Fertilizer Education Course as set forth in subsection 25-1.6 herein by January 1, 2011 shall not be permitted to apply fertilizer to properties in Island Heights. Any violation of the terms of this section shall subject a landscape professional to a fine not to exceed one thousand ($1,000.00) dollars.
