[Ord. #1646, § I]
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. #1646, § II]
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 a 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 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.
[Ord. #1646, § III]
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, 25 feet in width, adjacent to any
water body.
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 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, 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
of water 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 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.
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. #1646, § IV]
No person may do any of the following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or
predicted to occur within 48 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 reuse.
c.
Apply fertilizer within the buffer 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 Zone 6b (March
1 to November 15).
[Ord. #1646, § V]
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:
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. #1646, § VI]
This section shall be enforced by the Township Police Department
or by the Property Maintenance Officer of the Township of Mahwah.
[Ord. #1646, § VII]
Any person(s) found to be in violation of the provisions of
this section shall be subject to a fine not to exceed $2,500.
[Added 12-17-2020 by Ord.
No. 1918; amended 6-17-2021 by Ord. No. 1936]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo from any neighboring property line.
[Added 12-17-2020 by Ord.
No. 1918; amended 6-17-2021 by Ord. No. 1936]
As used in this section, the following terms shall have the
meanings indicated:
Any written notice by, from or on behalf of the Township,
notifying the running bamboo property owner(s) that they are in violation
of this section and directing them to cure or fix the violation. Such
notice shall be sent by certified mail, return receipt requested,
addressed to the owner(s) listed on the current tax address on file
with the Township. A copy may also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
Any property owner(s) or tenant(s) who, or which, have running
bamboo on their property, even if the bamboo has spread onto their
property from an adjoining property.
The Township of Mahwah, Bergen County, New Jersey.
[Added 12-17-2020 by Ord.
No. 1918; amended 6-17-2021 by Ord. No. 1936]
a.
The planting of running bamboo is prohibited in the Township of Mahwah.
b.
Any existing running bamboo may not be replanted or replaced after
any such existing running bamboo has died or been removed.
c.
Any person who plants or replants running bamboo within the Township
limits after the effective date of this section shall be in violation
of this section and shall be subject to the penalties set forth herein,
subject to the following exceptions:
1.
The root system of such running bamboo is entirely contained within
an above ground planter and located so as to entirely prevent the
spread or growth of the bamboo plants' root system beyond the container
in which it is planted; or
2.
The root system is contained within a barrier, constructed in accordance
with the following specifications:
(a)
The barrier itself shall be composed of a high density polypropylene
or polyethylene, with a minimum thickness of 40 mm;
(b)
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
(c)
The barrier shall be a minimum of 30 inches deep, with two-three
inches of the barrier protruding above ground level around the entire
perimeter of the bamboo;
(d)
When installed, the barrier shall slant outward from the bottom
to top.
3.
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
[Added 12-17-2020 by Ord.
No. 1918; amended 6-17-2021 by Ord. No. 1936]
a.
If running bamboo is located upon any property within the Township
prior to the effective date of this section, the running bamboo property
owner shall be required to confine the running bamboo to prevent encroachment,
spread, invasion or intrusion of same onto any other private or public
property or public right-of-way. In lieu of confining the species,
the running bamboo property owner may elect to totally remove the
running bamboo from the property and all affected properties. Failure
to properly confine such running bamboo shall require removal as set
forth below. The cost of said removal shall be at the running bamboo
property owner's expense. This duty to confine shall not apply if
the running bamboo property owner can establish to the satisfaction
of the Property Maintenance Officer that the running bamboo on the
property at the time of the effective date of this section originated
on another property.
b.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
[Added 12-17-2020 by Ord.
No. 1918; 6-17-2021 by Ord. No. 1936]
a.
Whenever running bamboo as defined by this section is found planted
in the ground on any plot of land, lot or any other premises or place,
in violation of this section, the Property Maintenance Officer shall
issue a written notice of violation to the running bamboo property
owner, giving said owner 10 days to abate same.
b.
The cost of the abatement shall be borne by the running bamboo property
owner.
c.
If the running bamboo property owner fails to comply with such notice, the Property Maintenance Officer shall issue a summons to the running bamboo property owner, with a penalty of at least $100 for each day the violation continues in accordance with § 1-5 of the Township Code, enforceable through the Municipal Court of the Township of Mahwah.
d.
If the running bamboo property owner does not comply with the written
notice, the Township, at its discretion, may remove or otherwise control,
or contract for same, the running bamboo and thereafter recover the
cost of such removal from the running bamboo property owner and place
a lien on the property to recover the cost of the removal.
[Added 12-17-2020 by Ord.
No. 1918; amended 6-17-2021 by Ord. No. 1936]
All places and premises in the Township of Mahwah shall be subject
to inspection by the Property Maintenance Officer to determine compliance
with this section.
[Added 8-21-2023 by Ord. No. 2013]
[Added 8-21-2023 by Ord.
No. 2013]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
Township of Mahwah to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Added 8-21-2023 by Ord.
No. 2013]
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 consistent 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
[Added 8-21-2023 by Ord.
No. 2013]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the
cover(s) in such a way that minimizes the potential of exposure as
materials shift and runoff flows down to the base of the pile.
[1]
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16th
and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 -April 15.
c.
All such temporary and/or permanent structures must also comply with
all other Township of Mahwah ordinances, including building and zoning
regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 8-21-2023 by Ord.
No. 2013]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 13-3.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 8-21-2023 by Ord.
No. 2013]
This section shall be enforced by the Township Zoning Officer
and/or Township Engineer during the course of ordinary enforcement
duties.
[Added 8-21-2023 by Ord.
No. 2013]
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall subject such person(s) to fines and penalties in accordance with Chapter 1, Section 1-5 of the Township Code.
