[Ord. No. 2009-15 § I]
The purpose of this section 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 section does not apply to fertilizer application on commercial farms.
[Ord. No. 2009-15 § II]
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.
Shall mean the land area, 10 feet in width, adjacent to any waterbody, except that for any fertilizer application between 10 feet and 25 feet from any water body, a drop spreader must be used.
Shall mean a farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
Shall mean 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.
Shall mean 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.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean any fertilizer that contains phosphorus, expressed as P2O5, 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.
Shall mean 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.
Shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 2009-15 § III]
No person may do any of the following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or predicted within 12 hours 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 waterbody.
d.
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season which is USDA Plant Hardiness Zone 6b (March 1 to November 15).
[Ord. No. 2009-15 § IV]
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.
b.
Exceptions.
[Ord. No. 2009-15 § V]
This section shall be enforced by the Building Department, Township Engineer or his designee and Police Department of the Township of Chatham.
[Ord. No. 2009-15 § VI]
Any person(s) found to be in violation of the provisions of this section shall be subject to one warning. After the first warning, the fine for a second violation shall not exceed $500. For each subsequent violation, the fine shall not exceed $1,000 per violation.
[Added 6-25-2024 by Ord. No. 2024-13]
[Added 6-25-2024 by Ord. No. 2024-13]
The Governing Body desires to increase the amount of native, environmentally beneficial plant species on municipal property in the Township by establishing standards for the purchase and installation of new and replacement plants. The Township strongly recommends that developers, private property owners and landscapers avoid species on the New Jersey Invasive Species Strike Team's Do Not Plant list. Seeds from invasive plants on private property are spread by birds and damage the ecosystems of the Township woodlands and parks, as well as the Great Swamp National Wildlife Refuge.
[Added 6-25-2024 by Ord. No. 2024-13]
For the purpose of this Section 15-2, the following terms shall have the meanings indicated below:
A cultivated variety; a plant that has been produced by selective breeding to emphasize or minimize certain traits of the parent plant. These varieties are usually propagated asexually by cloning. These plants are identified by the cultivar name being in single quotes following the Latin scientific name or the common name: For example, "Rudbeckia fulgida is the straight species of perennial Black-Eyed Susan. "Rudbeckia fulgida 'Goldsturm'" or "'Goldsturm' Black-Eyed Susan" is a cultivar.
The offspring of two different species or varieties.
A plant species that is non-native (or alien) to the ecosystem and whose introduction causes or is likely to cause economic or environmental harm, harm to human health, and/or disruption of naturally occurring native plant communities by altering structure, composition, natural processes, or habitat quality. Refer to the New Jersey Invasive Species Strike Team's Do Not Plant List for an up-to-date list at fohvos.info/invasive-species-strike-team/info-center.
Native plants that are essential to the ecosystem because they support 90% of the caterpillar species that are the food source for terrestrial birds feeding their young. These are the plants that also serve as food source to both generalist and native bee species who only eat pollen from certain plants. A list of Keystone Native Plants for Chatham Township's ecoregion (Ecoregion 8, Eastern Temperate Forests) can be found on the at
https://www.nwf.org/-/media/Documents/PDFs/Garden-for-Wildlife/Keystone-Plants/NWF-GFW-keystone-plant-list-ecoregion-8-eastern-temperate-forests.pdf?sc_lang=en&hash= C475FADDFCC2622C7539F25935F5DAA1 |
Continuous plant coverage by a grass species that is regularly mowed to maintain an established height.
Land owned by the Township of Chatham.
Indigenous terrestrial or aquatic plant species that have evolved and grown naturally in a particular region, ecosystem, and habitat prior to the introduction of plants from other regions or continents. Native plants have evolved over thousands of years to be well-adapted to the climate, light, soil conditions, and wildlife in a particular region. Such plants tend to be more drought- and disease-resistant than species introduced from other regions; and they help preserve the balance and beauty of natural ecosystems. For purposes of this section, the range of Native Plants shall be the mid-Atlantic region of the United States prior to European contact. Chatham Township is in the Northern Piedmont ecoregion of New Jersey (U.S. ecoregion 64). Going Native: A Guide to Landscaping With Native Plants in Northern New Jersey features profiles of many readily available, appropriate plants that are native to the Chatham region and can be found on the Township's website at www.chathamtownship-nj.gov, under Environmental Commission. A list of Recommended trees can be found at
https://ecode360.com/attachment/CH4056/CH4056-022a%20Replacement%20Trees.pdf |
Animals (primarily insects, but sometimes birds or mammals) that fertilize plants through the movement of pollen, resulting in the formation of seeds and fruits that humans and other animals rely on for food. The majority of flowering plant species rely on pollinators such as native bees, butterflies and moths, and hummingbirds to make the seeds that will become the next generation of plants. New Jersey is home to approximately 350 species of native bees.
A native plant that is not a cultivated variety (a.k.a., cultivar) or has not been bred to emphasize or minimize certain traits of the parent plant and is not a hybrid plant.
[Added 6-25-2024 by Ord. No. 2024-13]
Chatham Township requires that all newly procured plants (trees, shrubs, sedges and ornamental grasses, flowers, and groundcovers) used on municipal property be native plants, in order to:
a.
Protect and promote a healthy ecosystem with appropriate native vegetation; and
b.
Be a leader in addressing the biodiversity crisis; and
c.
Support pollinators and birds, which have co-evolved with native plants and depend on them for food and shelter at all stages of their life cycles.
The use of straight species (seed-grown wild type, not propagated by cloning) is strongly encouraged, to ensure biodiversity and preserve a species' natural environmental benefits. |
Cultivars bred to alter a species' natural color or bloom shape are strongly discouraged, because those changes can reduce the plant's value to native birds and insects. For example, double blooms make pollen and nectar inaccessible; change in leaf color reflects a change in the plant's chemistry and may repel beneficial insects; unnatural bloom color may make the plant less visible to pollinators. |
Hybrid plants in which native plants are crossed with non-native species are not considered native plants. |
[Added 6-25-2024 by Ord. No. 2024-13]
This section shall apply to new and replacement plantings on all municipal property, including at all public town buildings and public land within the Township of Chatham. It does not require the removal and replacement of healthy existing plants.
[Added 6-25-2024 by Ord. No. 2024-13]
After the effective date of this section, procurement of invasive plants listed on the New Jersey Invasive Species Strike Team Do Not Plant List (available at fohvos.info/invasive-species-strike-team/info-center) or the New Jersey Invasive Species Council plant list is prohibited for the purpose of planting on Municipal Property. A copy of the Appendix to the State of New Jersey Department of Environmental Protection's Policy Directive 2004-02, Invasive Nonindigenous Plant Species, can be found on the Native Plant Society of New Jersey website at
https://npsnj.org/wp-content/uploads/2023/01/invasive_plant_list.pdf
Plans to replace existing invasive plants with ecologically beneficial native plants are also encouraged.
[Added 6-25-2024 by Ord. No. 2024-13]
To the extent possible and to the extent such plants are reasonably available, the Township shall prioritize using and installing native plants that are straight species on any municipal property.
[Added 6-25-2024 by Ord. No. 2024-13]
The Township strongly encourages prioritizing the selection and planting of keystone species on municipal property.
[Added 6-25-2024 by Ord. No. 2024-13]
Deer-resistant native plants are encouraged. The Native Plant Society of New Jersey provides a list of deer-resistant plants at npsnj.org/native-plants/plant-lists. It's strongly recommended that newly planted trees be planted with deer rub protectors to be maintained in place while the trees are young.
[Added 6-25-2024 by Ord. No. 2024-13]
The use of non-native plants (excluding invasive plants) shall be permitted in:
a.
Vegetable gardens and areas where fruit and culinary herbs are grown, such as garden plots within the Community Garden of the Chathams.
b.
Municipal lawn areas and athletic fields.
c.
Seasonal planters, pots, and hanging baskets in all commercial business districts.
d.
Dedicated areas around memorial monuments and flag poles within the Township.
e.
The extreme event there are supply issues procuring native plant species; alternates may be considered for use.
[Added 6-25-2024 by Ord. No. 2024-13]
All regulations pertaining to municipal property that are in conflict with this section, in whole or in part, are hereby repealed to the extent that they are in conflict.
[Added 6-25-2024 by Ord. No. 2024-13]
If any portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of the section.
[Added 6-25-2024 by Ord. No. 2024-13]
This section shall take effect 30 days after adoption by the Township; provided, however, that this section shall not apply to any plantings on municipal property carried out pursuant to existing contracts, existing invitations to bid, or designs completed prior to the effective date of this section.