[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
An ordinance 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
ordinance does not apply to the application of fertilizer on commercial
farms.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants. 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 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 phosphorous
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 amounts
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 the 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 water bodies. 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.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have 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
suggestive.
The land area, 25 feet in width, adjacent to any water body.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P205,
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.
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.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
No person shall do any of the following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or
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 water body.
d.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season of March 15 to
October 31.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
No person shall do any of 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 a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b.
Exceptions to the prohibition in paragraph a above: Application of
phosphorus fertilizer needed for:
1.
Establishing vegetation for the first time, such as after land disturbance,
provided the application is in accordance with the requirements established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq. and implementing rules.
2.
Re-establishing or repairing a turf area.
3.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
4.
Application of phosphorus fertilizer to residential container, plantings,
flowerbeds, or vegetable gardens.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
This section shall be enforced by State Police Officers, the
Borough Engineer, the Department of Public Works, the Health Officer,
the Zoning Officer and/or their duly authorized designees.
[Added 6-26-2012 by Ord.
No. 6-26-12(3)]
Any person who violates the provisions of this section shall, upon conviction, be subject to the penalties authorized by Section 1-5.1 et seq. of the Revised General Ordinances of the Borough.
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
An ordinance requiring the retrofitting of existing storm drain
inlets which are in direct contact with re-paving, repairing, reconstructing,
resurfacing or altering facilities on private property, to prevent
the discharge of solids and floatables (such as plastic bottles, cans,
food wrappers and other litter) to the municipal storm sewer system(s)
operated by the Borough of Victory Gardens so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have 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 present
tense include the future, words in the plural number include the singular
number. The word "shall" is always mandatory and not merely suggestive.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Victory Gardens or other public body, and is designed
and used for collecting and conveying storm water.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
No person in control of the private property (except a residential
lot with one single family house) shall authorize the re-paving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain either:
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
Storm drain inlets identified in above shall comply with the
following standard to control passage of solid and floatable materials
through storm drain inlets, except as provided in paragraph c below.
For purposes of this paragraph, "solid and floatable materials" means
sediment, debris, trash, and other floating, suspended, or settleable
solids.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from the surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than two inches across the
smallest dimension.
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
a.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
b.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
c.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
d.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2C, that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Added 6-26-2012 by Ord.
No. 6-26-12(2)]
This ordinance shall be enforced by State Police Officers, the
Borough Engineer, the Department of Public Works, the Health Officer,
the Zoning Officer and/or their duly authorized designees.
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
to prohibit the spilling, dumping, leaking, or otherwise discharge
of the liquids, semi-liquids or solids from the containers to the
municipal separate storm sewer system(s) operated by the Borough and/or
the waters of the State so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have 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 suggestive.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Victory Gardens or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the lands surface, is transmitted to the land's
subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
b.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Victory
Gardens.
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
The prohibitions set forth in § 10-3.3 above shall
not apply to the following:
a.
Permitted temporary demolition containers;
b.
Public litter receptacles (other than dumpsters or other bulk containers);
c.
Individual residential homeowner trash and recycling containers;
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit;
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
This section shall be enforced by State Police Officers, the
Borough Engineer, the Department of Public Works, the Health Officer,
the Zoning Officer and/or their duly authorized designees.
[Added 6-26-2012 by Ord.
No. 6-26-12(1)]
Any person who violates the provisions of this section shall, upon conviction, be subject to the penalties authorized by Section 1-5.1 et seq. of the Revised General Ordinances of the Borough.
