[1983 Code § 98-1]
The Borough of Pompton Lakes has determined that the water quality of lakes, streams and rivers in the Borough is being adversely affected by phosphorous loadings in part caused by fertilizers entering the waterways by surface runoff. The purpose of this article is to regulate the amount of phosphorous in Borough bodies of water by regulating the use of fertilizers within the Borough.
[1983 Code § 98-2]
As used in this article:
COMMERCIAL FARM
A farm management unit of no less than five acres producing agricultural or horticultural products worth not less than $500 annually, which has been devoted to such activities for at least two successive years and which satisfies the criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
FERTILIZER
Any substance used to promote soil fertility.
PHOSPHOROUS FERTILIZER
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 animal, human or vegetable manures, agricultural liming materials or wood ashes that have been amended to increase nutrient content.
[1983 Code § 98-3]
A. 
No person, firm, corporation, franchise or any other entity of any kind shall do the following.
1. 
Apply phosphorous fertilizer in outdoor areas except as demonstrated to be required for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation application by Rutgers Cooperative Research and Extension Service.
2. 
Deposit leaves or other vegetative material on roads or within any lake, stream, river or stormwater drainage system.
B. 
Exceptions.
1. 
Application of phosphorous fertilizer needed for establishing of vegetation for the first time, such as after land disturbance, provided that the application is in accordance with the requirements set forth in the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
2. 
Application of phosphorous fertilizer needed as a result of the reestablishing or repair of a turf area.
3. 
Application of phosphorous fertilizer that delivers liquid or granular fertilizer under the surface of the soil directly to the feeder roots.
4. 
Application of phosphorous fertilizer to residential container plantings, flowerbeds or vegetable gardens.
C. 
Any fertilizer applications shall not be made within 10 feet of any wetland, body of water of any kind or stormwater drainage system.
[1983 Code § 98-4]
No person, firm, corporation, franchise or any other entity shall engage the services of a landscaper or fertilizer applicator to apply fertilizer within the Borough unless such landscaper or applicator is licensed in accordance with this article.
[1983 Code § 98-5]
A. 
No person, firm, corporation, franchise or any other entity shall engage in the business of fertilizer application within the Borough unless a municipal license has been obtained from the Borough Department of Health as provided herein.
B. 
Applications for a commercial fertilizer applicator license shall be submitted to the Borough Health Department as follows.
1. 
The application shall identify the business name, owner name, address and telephone number of the applicant and any person authorized to represent the applicant and the New Jersey commercial pesticide application license number, if so licensed.
2. 
The applicant shall provide the formula for fertilizer mixtures meeting the limitations set forth in subsection 9-2.3A, to be applied within the Borough along with the initial application for the license and, thereafter, at least 30 days before fertilizer composition changes are implemented.
3. 
The applicant shall provide a fee to the Borough in the amount of $100. The fee shall cover the licensing for each license period or part thereof, and licenses shall be effective from January 1 until December 31 of each year. The applicant shall obtain a separate copy of the license for each vehicle owned or used by the applicant. An additional fee of $5 shall be paid for each additional copy of the license so required. The fee shall be paid to the Borough of Pompton Lakes.
C. 
Licenses shall be subject to the following conditions.
1. 
Commercial fertilizer applicators shall permit the Borough to sample any commercial fertilizer mixture to be applied in the Borough at any time after issuance of the initial license, and the licensee shall pay the cost of such sampling.
2. 
The license or a copy thereof shall be in the possession of the licensee or any person applying fertilizer on behalf of the licensee when fertilizer is being applied within the Borough.
D. 
All licenses issued under this article are subject to revocation or suspension, in addition to the other penalties set forth in this article, by the Health Officer or his or her designee after due notice by personal service or certified mail is served upon the licensee. The licensee is entitled to a hearing regarding revocation or suspension before the governing body of the Borough if same is requested in writing to the Borough Clerk. If a hearing is requested, the license shall not be suspended or revoked until the hearing is conducted and a determination made by the governing body, except in such cases as the Health Officer determines there is an imminent danger to the public health, safety or welfare. An emergent suspension shall, upon written request of the licensee, be heard before the governing body at the next regular meeting after receipt of the request.
[1983 Code § 98-6]
A. 
During the initial growing season, newly established turf areas shall be exempt from the provisions of subsection 9-2.3A for a period not to exceed three months.
B. 
Recreational field owners (public, private and golf courses) shall be exempt from the provisions of subsection 9-2.3A upon a showing through a Borough-approved testing procedure that there is a need for phosphorous in excess of the limits herein or by other demonstrable necessity.
C. 
Commercial farms shall be exempt from the provisions of subsection 9-2.3A for a period of two years after the enactment of this article.
[1983 Code § 98-7]
The provisions of this article shall be enforced by the Borough Environmental Officer, Officials of the Health Department or the Borough Police Department. Violation of the provisions of this chapter shall be punishable by a fine not to exceed $2,000 and/or a period of imprisonment not to exceed 90 days and/or a period of community service not to exceed 90 days. Each incident shall be considered a separate offense. However, in the case of a violation issued to a property owner not required to obtain a license under this article, a written warning only shall be issued for the first offense. Such penalties may be in addition to suspension or revocation of a license.