[Ord. No. 2010-03, § 1, 2-23-2010]
The purpose of this chapter is to regulate the application of
chemicals which may adversely impact the waters surrounding the Borough
of Ship Bottom and the natural resources of Long Beach Island. Of
particular concern are the waters of Barnegat Bay, Great Bay, Manahawkin
Bay, Little Egg Harbor Bay and the Atlantic Ocean. The intent of this
chapter is to regulate and control applications of chemicals, particularly
fertilizers, which may be washed into or carried into the waters surrounding
the Borough of Ship Bottom as a result of rain runoff and snow melt.
This specific chapter addresses particularly fertilizers and especially
those which contain high levels of phosphorous.
[Ord. No. 2010-03, § 1, 2-23-2010]
A. The Governing Body of the Borough of Ship Bottom desiring to promote
and regulate matters which benefit the health, safety and welfare
of the citizens of the community are aware of numerous scientific
reports which have demonstrated that the improper and excessive application
of fertilizers and fertilizer products may have an adverse impact
on surface waters and ground waters. The United States Environmental
Protection Agency, the State of New Jersey Department of Environmental
Protection and numerous environmental organizations have recognized
that one of the major factors which are detrimentally impacting the
bays, lagoons, estuaries, marshes, wetlands, fish nurseries and ground
water on and surrounding the Borough of Ship Bottom is non-point source
pollution. The same groups have determined that the sources of non-point
pollution include among other things the runoff of chemicals and related
substances originating from the improper application of fertilizers.
B. The Governing Body of the Borough of Ship Bottom is aware that the
geological compositions of the soils in the Borough of Ship Bottom
consist primarily of sand and sandy soil which have little ability
to remove nitrates, phosphates, nutrients and other common ingredients
found in chemical fertilizers. The governing body is also aware that
common fertilizers which are readily available in retail stores are
regularly applied on residential and commercial properties throughout
the Borough of Ship Bottom by property owners and landscapers. The
governing body is further aware that there are no federal, state,
county nor local laws regulating or restricting the application of
such products.
C. It is accepted by the scientific community that excess phosphorous,
a common element in many chemical fertilizers, into the waterways
surrounding the Borough of Ship Bottom may cause accelerated growth
of algae and other aquatic vegetation which may interfere with the
naturally occurring aquatic life in such waterways, recreational use
thereof, fisheries and aquaculture. The accelerated algae growth and
aquatic vegetation has been shown to have a detrimental effect on
the waterways through, inter alia, oxygen depletion and temperature
increase and that these detrimental impacts threaten individual animal
species and may cause a reduction in the diversity of life living
in the waters.
D. A continuation or exacerbation of the above noted adverse impacts
which may be traced to improper fertilizer application have significant
potential to cause detrimental impact on the economy of the Borough
of Ship Bottom and further cause potential risks to the health, safety
and welfare of the citizens of the Borough of Ship Bottom. As a result
of the foregoing the Governing Body of the Borough of Ship Bottom
believes that it is desirable that the Borough enact an ordinance
which will restrict the improper application of fertilizer products
and also advise the public and landscaping operators who perform services
in the Borough of the proper timing and methods for fertilizer application.
[Ord. No. 2010-03, § 1, 2-23-2010]
APPLICATOR
Any person who applies fertilizer products to soils or turf.
FERTILIZER
A material 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 offered for sale, or intended for sale.
IMPERVIOUS SURFACE/IMPERVIOUS LOT COVERAGE
Surface covering the natural earth which covering inhibits
water percolation into the natural earth, thereby causing surface
water to drain off the site of the surface covering rather than be
absorbed into the soil constituting the lot upon which the surface
covering is placed.
LANDSCAPE PROFESSIONAL
A person or business that, in exchange for pay, goods, services
or other considerations, applies fertilizer to soils or turf.
PHOSPHOROUS FERTILIZER
Any fertilizer that contains phosphorous expressed as p2
o5, with a guaranteed analysis of greater than zero; except that it
shall not be considered to include manipulated animal, vegetable manures,
bio-solid fertilizers, agricultural liming materials or wood ashes
that have not been modified to increase their nutrient content. The
phosphorous percentage in a fertilizer product is included on the
packaging, which contains three #s (e.g. "26-0-3), with the phosphorous
percentage as the middle number. A zero in the middle means no phosphorous,
while a "2" or a "3" means low phosphorous.
SOIL TEST
A technical analysis of soil conducted by an accredited soil
testing laboratory.
WATERBODY
The Atlantic Ocean, Barnegat Bay, Great Bay, Manahawkin Bay,
and Little Egg Harbor Bay as well as the various lagoon, canals and
estuaries entering any of the foregoing.
[Ord. No. 2010-03, § 1, 2-23-2010]
The following conduct shall be prohibited within the Borough
of Ship Bottom.
A. The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept into the target surface or returned to its original container
or another appropriate container for reuse or disposal. Failure to
provide and undertake immediate cleanup as is herein required shall
be prohibited conduct.
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 application of fertilizer in excess of the manufacturers recommended
rate.
E. 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.
F. Application of fertilizer within 24 hours of any rainfall consisting
of 1/2 inch of rain or more within a single twenty-four-hour period.
[Ord. No. 2010-03, § 1, 2-23-2010]
A. The following uses and applications of phosphorous fertilizers shall
be and are hereby permitted:
1. Where vegetation is being established upon initial planting, such
as where the virgin soil has been disturbed, provided that the application
is made in accordance with the requirements established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and
any regulations lawfully adopted pursuant thereto.
2. The re-establishment or repair of turf after substantial damage has
occurred thereto.
3. Applying phosphorous fertilizer that delivers liquid or granular
fertilizer under the surface of the soil directly to the feeder roots
of the vegetation being fertilized.
4. Application of phosphorous fertilizer to residential container plantings,
flowerbeds and vegetable gardens.
5. Application of phosphorous fertilizers on the sand dunes along the
oceanfront in the area between the building line and the easterly
toe of the dune shall be permitted since experience has proven that
high phosphorous fertilizer is necessary to encourage luxuriant growth
of natural dune grass and such growth has been proven to be effective
in stabilization of Long Beach Island's protective dunes.
[Ord. No. 2010-03, § 1, 2-23-2010]
A. The following guidelines are recommended for use by applicators:
1. Drop spreaders, rather than broadcast spreaders when applying fertilizers.
2. Use of only nitrogen-based fertilizers in slow release formula.
3. Application of fertilizers not more than four times annually on the
same parcel of land.
[Ord. No. 2010-03, § 1, 2-23-2010]
A violation of this article shall be punishable as provided in Chapter
1.08, General Penalty.