[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 11-3-1999 by Ord. No. 26-99. Amendments noted where applicable.]
The Borough of Hopatcong has determined that surface water quality, particularly the lakes and parks within the Borough, are being affected by phosphorous lawn fertilizers as a result of fertilizers entering the lakes from stormwater runoff. The purpose of this chapter is to promulgate regulations which shall aid the Borough in maintaining and improving surface water and lake resources and to protect public health by regulating the application of fertilizers.
As used in this chapter, the following terms shall have the meanings indicated:
- LAWN FERTILIZER
- Any substance used to increase soil fertility for the purpose of growing lawns.
Fertilizer application. Within the Borough of Hopatcong, no person, firm, corporation or franchise shall apply liquid or granular lawn fertilizer which contains more than 0.5% phosphorous.
Time of application. Any and all lawn fertilizer applications shall not be applied when the ground is frozen.
Buffer zone. Fertilizer applications of any kind shall not be made within 10 feet of any wetland, stream or any other body of water.
Disposal of leaves and other vegetative material. No person shall deposit leaves or other vegetative materials on roads or within any lake, pond, stream or stormwater drainage system.
The public analysis by any manufacturer of fertilizer shall be accepted by a court of comparable jurisdiction as admissible evidence of the phosphorous content of any lawn fertilizer used.
Any person, firm corporation or franchise who or which shall commit any act that is forbidden by the provisions of this chapter shall, for the first offense, receive warning and for any second or subsequent offense shall be punished by a fine not to exceed $100 for each offense.