[HISTORY: Adopted by the Township Council
of the Township of West Milford 3-28-2007 by Ord. No. 2007-005; amended in its entirety 9-23-2009 by Ord. No. 2009-022. Subsequent amendments
noted where applicable.]
The Township of West Milford has determined that the surface
water quality of the lakes and streams within the Township is being
negatively affected by phosphorous loadings in part by fertilizers
entering the waterways from stormwater runoff. The purpose of this
chapter is to decrease the amount of phosphorous in our waterways
by limiting the use of fertilizers, especially the use of fertilizers
containing phosphorous within the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more 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.).
Any 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 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 (including
human) or vegetable manures, agricultural liming materials or woodashes
that have 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.
No person, firm, corporation, franchise or other entity shall do
the following:
(1)
Apply phosphorous 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
application issued by Rutgers Cooperative Research and Extension Service.
(2)
Deposit leaves or other vegetative material on roads or within any
lake or stormwater drainage system.
(3)
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.
(4)
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.
(5)
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season (March 1 through
November 15).
B.
Exceptions.
(1)
Application of phosphorous fertilizer needed for the establishing
of vegetation for the first time, such as after land disturbance,
provided the application is in accordance with the requirements under
the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(2)
Application of phosphorous fertilizer needed from the reestablishing
or repair of a turf area.
(3)
Application of phosphorous fertilizer that delivers liquid or granular
fertilizer under the soil's surface, directly to the feeder roots.
(4)
Application of phosphorous fertilizer to residential container plantings,
flower beds, or vegetable gardens.
C.
Buffer zone. Any fertilizer applications shall not be made within
10 feet of any wetland or body of water, lake, stream, pond, storm
drainage system or watercourse.
No person, firm, corporation, franchise or entity shall engage
the services of a landscaper or fertilizer applicator to apply fertilizer
within West Milford Township, unless such landscaper or applicator
is licensed in accordance with this chapter.
A.
License required. No person, firm, corporation or other entity shall
engage in the business of fertilizer application within the Township
unless a municipal license has been obtained from the West Milford
Township Department of Health as provided herein.
B.
Licensing procedure. Applications for a commercial fertilizer applicator
license shall be submitted to the West Milford Township Department
of Health. The application shall consist of the following:
(1)
Identification: name, address, telephone number of applicant and
any individuals authorized to represent the applicant, and New Jersey
commercial pesticide application license number (if licensed).
(2)
Fertilizer formula: a copy of the formula for fertilizer mixtures meeting the limitations of the definition of "phosphorus fertilizer" in § 138-2 to be applied within the Township shall be submitted, along with the initial application for a license, and, thereafter, at least 30 days before fertilizer composition changes are implemented.
(3)
License fee. The license fee for all commercial landscapers and/or fertilizer applicators shall be as set forth in Chapter 135, Fees and Costs, which shall be paid annually. The license shall be effective from January 1 until December 31 of the year in which the license was applied for. A separate copy of the license will be issued for each vehicle owned or used by the applicant for an additional fee as set forth in Chapter 135, Fees and Costs. The license fee shall not be prorated.
C.
Conditions of license. Fertilizer application licenses shall be issued
subject to the following conditions, which shall be specified on the
license form:
(1)
Random sampling. Commercial fertilizer applicators shall permit the
Township to sample any commercial fertilizer mixture to be applied
within the Township at any time after issuance of the initial license.
The licensee shall pay the cost of such sampling.
(2)
Possession of license. The commercial fertilizer application license
or a copy thereof shall be in the possession of any party employed
by the fertilizer applicator when making fertilizer applications within
the Township.
D.
Revocation or suspension of license. All licenses issued under this
section shall be deemed to be granted upon the express condition that,
in addition to any other sanction or penalty, the Health Officer may:
(1)
After due notice by personal service or certified mail, and after
a due process hearing before the Township Administrator and Heath
Officer, suspend or revoke the license of any person for violating
any provision of this section.
(2)
Suspend temporarily, pending a hearing or notice thereof, any such
license when deemed by the Health Officer to be immediately necessary
to prevent emergent danger to the public welfare. Any such temporary
suspension without a hearing shall be for a period not longer than
20 days.
A.
During the initial growing season, newly established turf areas shall be exempt from the provisions of § 138-3A of this chapter for a period not to exceed three months.
Any person, firm, corporation or franchise violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $2,000, imprisonment for a term not to exceed 90 days or by a period of community service not to exceed 90 days or by any combination thereof. Such penalties may be in addition to the revocation or suspension of the license, as provided in § 138-5D. Each incident or violation (as measured on a daily basis) shall be considered a separate offense. However, in the case of a violation that is issued to a property owner who is not required to obtain a commercial license, a written warning shall be issued for a first offense.
