[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of this article is 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 article does not apply to fertilizer application
on commercial farms.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). 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 dissolved 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 phosphorus
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 amount 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 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
No person may do any of the following:
1.
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.
2.
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.
3.
Apply fertilizer within the buffer of any water body.
4.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season, i.e., March 1
to November 15.
b.
Phosphorus fertilizer application.
1.
No person may do 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.
2.
Exceptions.
(a)
Application of phosphorus fertilizer needed for:
(1)
Establishing vegetation for the first time, such as after land
disturbance, provided that 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)
Reestablished 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, flower beds, or vegetable gardens.
c.
Enforcement. This article shall be enforced by the Department of
Public Works, Engineering, Planning and Development of the Town of
Morristown.
d.
Violations and penalties. Any person(s) found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $2,000.
