Editor's Note: See Board of Health Code, Chapter BH8, Pesticides Control.
[1985 Code § 13-4.1]
It is recognized that:
a.
The potable water supplies for the Borough of Ringwood are supplied
through individual and public wells located in the Municipality.
b.
The Borough is the collection water shed for the potable water supply
for a large portion of the more densely populated areas of the State
of New Jersey.
c.
This area appears to be environmentally sensitive and would be adversely
affected by test boring, mining and milling of uranium, and such activity
would create adverse public health considerations in areas where such
activities would take place.
d.
The Borough desires to take measures to prevent radioactive contamination
and assure the purity of its water supplies for the welfare of its
residents and other citizens of the State of New Jersey.
[1985 Code § 13-4.2]
Any and all test boring, mining and milling of uranium or uranium
by-products is prohibited. It is hereby declared that such activity
is potentially dangerous to the health, safety and welfare of the
residents of the Borough and other citizens of the State served by
the water sheds lying within the Borough of Ringwood.
[1985 Code § 12-1.1]
As used in this section:
Shall mean a mine in which mining has been discontinued for
six months.
[1985 Code § 12-1.2]
Any abandoned mine in which there is retained or has accumulated
surface or drainage water or debris, or which constitutes a menace
or hazard to health, safety or welfare is hereby declared to be a
public nuisance.
[1985 Code § 12-1.3]
An abandoned mine shall be guarded to prevent anyone from falling
into it, and to protect the public welfare by one of the following
methods:
a.
Enclosure by a permanent wire fence at least five feet in height
with three strands of barbed wire at the top;
b.
Filling in with earth and boulders;
c.
Sealing the shaft with concrete or by any other reasonable method
approved by the Council with the advice of the Borough Engineer; and
d.
Such other method as prescribed by the Council with the advice of
the Borough Engineer.
[1985 Code § 12-1.4]
a.
The Council may, by resolution, find and declare any abandoned mine to be a public nuisance as set forth in subsection 16-2.2 and order the same abated.
b.
Upon such declaration by the Council, the Borough Clerk shall notify
the owner or owners of the lands or properties where such abandoned
mine is located to abate the nuisance in the manner set forth in the
notice.
c.
The notice shall be served personally or by registered or certified
mail, return receipt requested.
[1985 Code § 12-1.5]
If the owner or owners fail to commence operations to abate the nuisance within 30 days after receipt of the notice referred to in subsection 16-2.4 and in the manner prescribed therein, and to complete the same within a reasonable period after commencement, the Borough may abate the nuisance, and the owner or owners shall be liable for the reasonable costs thereof. The amount of such costs shall be and constitute a lien on such lands, and shall be assessed against such lands in the same manner as local municipal improvement assessments.
[1985 Code § 12-1.6; New]
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 2007-#22
[Ord. No. 2009-#09 § 16-3.1]
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. No. 2009-#09 § 16-3.2]
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 soil 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 waterbodies. 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. No. 2009-#09 § 16-3.3]
For the purpose of this section, the following terms, phrases,
words and their derivatives shall be 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
waterbody where the lot area is 20,000 square feet or more. For lots
less than 20,000 square feet in area, the land area, 10 feet in width,
adjacent to any waterbody provided a drop spreader is used for fertilizer
application.
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 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. 2009-#09 § 16-3.4]
No person may do any of this following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or
when it is predicted 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 waterbody.
d.
Apply fertilizer more than 15 days prior to March 15 or after October
31.
[Ord. No. 2009-#09 § 16-3.5]
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 soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b.
Exceptions.
[Ord. No. 2009-#09 § 16-3.6]
This section shall be enforced by the Health Department of the
Borough of Ringwood.
[Ord. No. 2009-#09 § 16-3.7]
Any person(s) found to be in violation of the provisions of this section shall be subject to the penalties stated in Chapter 1, Section 1-5. However, in the case of a property owner who applied fertilizer in violation of this section, a written admonition in lieu of any penalty shall be imposed for the first offense.
[Ord. No. 2009-#09 § 16-3.8]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Ord. No. 2009-#09 § 16-3.9]
This section shall be in full force and effect 20 days after
adoption. This section will be advertised as required by law.
