[Ord. No. 578-10]
The purpose of this Article 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 Article does not apply to fertilizer application on commercial farms.
[Ord. No. 578-10]
Elevated levels of nutrients, particularly phosphorus, in surface waterbodies 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.
[Ord. No. 578-10]
For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Article 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
Shall mean the land area, 25 feet in width, adjacent to any waterbody or storm sewer grate that empties into a water body.
(The Department believes that 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 25 foot buffer constitutes the majority of the available property, the municipality may reduce the buffer to 10 feet in width, with the additional requirement that a drop spreader be used for fertilizer application).
FERTILIZER
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. Only nitrogen based fertilizers in slow-release formulas should be used.
IMPERVIOUS SURFACE
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed as P2O5, 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
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.
WATERBODY
Shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 578-10]
No person shall:
a. 
Apply fertilizer when a runoff producing rainfall is occurring or predicted and/or when soils are saturated and a potential or 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 waterbody.
d. 
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season found in The Standards for Soil Erosion and Sediment Control in New Jersey, July 1999. Cape May Point is identified in Zones 7a and 7b (Atlantic Coastal area and southwestern New Jersey) — the growing season according to the USDA Plant Hardiness Zone is listed as February 1 to November 30.
e. 
The deposit of grass clippings, leaves or other vegetation debris into waterbodies, stormdrains or impervious surfaces except during scheduled cleanup programs.
[Ord. No. 578-10]
No person shall:
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 soils surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings flowerbeds, or vegetable gardens.
[Ord. No. 578-10]
This Article shall be enforced by the Code Enforcement Official of the Borough of Cape May Point.