[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]
a.
The
Governing Body of the Borough of Surf City 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 Surf City 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 Surf City is aware that the geological
compositions of the soils in the Borough of Surf City consist primarily
of sand and sandy soil which has 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
Surf City 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, in the waterways surrounding
the Borough of Surf City 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 Surf City and further cause potential risk to the health, safety
and welfare of the citizens of the Borough of Surf City. As a result
of the foregoing the Governing Body of the Borough of Surf City 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]
Shall mean any person who applies fertilizer products to
soils or turf.
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.
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.
Shall mean a person or business that, in exchange for pay,
goods, services or other considerations, applies fertilizer to soils
or turf.
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.
Shall mean a technical analysis of soil conducted by an accredited
soil testing laboratory.
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:
