a.
The Board
of Commissioners of the Borough of Harvey Cedars, 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 Long Beach Island 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 Board
of Commissioners of the Borough of Harvey Cedars is aware that the
geological compositions of the soils in Harvey Cedars consist primarily
of sand and sandy soil which have little ability to remove nitrates,
phosphates, nutrients and other common ingredients found in chemical
fertilizers. The Board of Commissioners is also aware that common
fertilizers which are readily available in retail stores are regularly
applied on residential and commercial properties throughout Harvey
Cedars by property owners and landscapers. The Board of Commissioners
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, into the waterways surrounding Harvey
Cedars 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 Harvey Cedars and further cause
potential risks to the health, safety and welfare of the citizens
of Harvey Cedars. As a result of the foregoing the Board of Commissioners
of the Borough of Harvey Cedars 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.
Any person who applies fertilizer products to soils or turf.
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.
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.
A person or business that, in exchange for pay, goods, services
or other considerations, applies fertilizer to soils or turf.
Any fertilizer that contains phosphorous expressed as p2
o5, 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.
A technical analysis of soil conducted by an accredited soil
testing laboratory.
The Atlantic Ocean and Barnegat Bay as well as the various
lagoons, coves, canals, creeks and estuaries entering any of the foregoing.
The following conduct shall be prohibited within the Borough
of Harvey Cedars:
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 waterbodies,
retention or detention areas, drainage ditches or stormwater drains,
or onto impervious surfaces except during scheduled cleanup programs.
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.
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.
a.
All Landscape
Professionals who apply fertilizer to property in the Borough shall
be required to complete an educational course on the proper application
of fertilizer by January 1, 2011.
b.
A Landscape
Professional with more than one employee may designate a person to
serve as the business’s “Certified Fertilizer Applicator”,
which person shall complete the Fertilizer Education Course. Any employee
of a Landscape Professional who applies fertilizer must work under
the direct supervision of a Certified Fertilizer Applicator, who shall
be responsible for the compliance of the Landscape Professional and
its employees with the provisions of this Ordinance.
c.
Upon completion,
each Landscape Professional that attends and completes the Fertilizer
Education Course shall be provided with a certificate of completion
and a sticker to be placed upon vehicles used by the Landscape Professional
to document the successful completion of the course.
The following guidelines are recommended for use by applicators:
Enforcement of the within Ordinance shall be the responsibility
of the Harvey Cedars Code Enforcement Officer.
Any person(s) in violation of this ordinance shall be subject to the general penalty provisions of Chapter 3 of the Code of the Borough of Harvey Cedars and a fine not to exceed $1,000.
