The purpose of this chapter 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 chapter does not apply to fertilizer application on commercial farms.
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. 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.
BUFFER The land area, 25 feet in width, adjacent to any water body.
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.
No person may do any of the following:
A. Apply fertilizer when a runoff-producing rainfall is occurring or predicted to occur within 48 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 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 for Zone 6b (March 1 to November 15).
This chapter shall be enforced by the Township Building Department or by any other Township employees designated by the Township Manager.
Any person(s) found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $2,500.