[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.
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).
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.
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 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.
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. 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.
[Ord. No. 578-10]
This Article shall be enforced by the Code Enforcement Official
of the Borough of Cape May Point.
[Ord. No. 578-10]
Any person(s) found to be in violation of the provisions of
this Article shall be subject to a fine not to exceed $1,000.
