Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville 7-8-2008 by Ord. No. 2008-30. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Property maintenance — See Ch. 287.
Soil testing and cleanup — See Ch. 311.

§ 171-1 Definitions and word usage.

A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning:
BUFFER
The land area, 25 feet in width, adjacent to any water body, except that the buffer may be reduced to 10 feet in width, provided that a drop spreader is used for fertilizer application.
[Amended 6-9-2009 by Ord. No. 2009-16]
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
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.
IMPERVIOUS SURFACE
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
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.
SOILS TEST
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.
WATER BODY
A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.

§ 171-2 Prohibited conduct.

No person may do any of the following:
A. 
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.
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 water body.
D. 
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season (March 15 to October 31).

§ 171-3 Phosphorus fertilizer application.

A. 
No person may do the following:
(1) 
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.
(1) 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided 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; or
(b) 
Reestablished or repairing a turf area.
(2) 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
(3) 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.

§ 171-4 Enforcement.

This chapter may be enforced by police or other Township officials.

§ 171-5 Violations and penalties.

Any person(s) found to be in violation of the provisions of this chapter shall be subject to violations and penalties as provided for in Chapter 1, Article III, General Penalty.