[Ord. No. 2010-03]
The purpose of this chapter is to regulate the application of
chemicals which may adversely impact the waters surrounding the Borough
of Surf City 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
Surf City 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]
APPLICATOR
Shall mean any person who applies fertilizer products to
soils or turf.
FERTILIZER
Shall mean 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
Shall mean 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
Shall mean a person or business that, in exchange for pay,
goods, services or other considerations, applies fertilizer to soils
or turf.
PHOSPHOROUS FERTILIZER
Shall mean any fertilizer that contains phosphorous expressed
as P2O5, 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 numbers (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
Shall mean a technical analysis of soil conducted by an accredited
soil testing laboratory.
WATERBODY
Shall mean the Atlantic Ocean, Barnegat Bay, Great Bay, Manahawkin
Bay, and Little Egg Harbor Bay as well as the various lagoons, canals
and estuaries entering any of the foregoing.
[Ord. No. 2010-03]
The following conduct shall be prohibited within the Borough
of Surf City.
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
water bodies, retention or detention areas, drainage ditches or storm
water drains, or onto impervious surfaces.
d. The
application of fertilizer in excess of the manufacturer's 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]
The following uses and applications of phosphorous fertilizers
shall be and are hereby permitted:
a. 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.
b. The
re-establishment or repair of turf after substantial damage has occurred
thereto.
c. 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.
d. Application
of phosphorous fertilizer to residential container plantings, flowerbeds
and vegetable gardens.
e. 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]
The following guidelines are recommended for use by applicators:
a. Drop
spreaders, rather than broadcast spreaders when applying fertilizers.
b. Use
of only nitrogen-based fertilizers in slow release formula.
c. Application
of fertilizers not more than four times annually on the same parcel
of land.
[Ord. No. 2010-03]
A violation of this article shall be punishable as provided in Chapter
1, General Provisions, Section
1-5, General Penalty.