This chapter is adopted 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 therein
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 waterbody.
However, where lot sizes are exceptionally small or where the twenty-five-foot
buffer constitutes the majority of the available property, the municipality
may reduce the buffer to 10 feet in width, with the additional requirement
that a drop spreader be used for fertilizer application.
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.
WATERBODY
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 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 any time
after the end of the recognized growing season - March 15 to October
31; Zone 6b (northeastern, central and part of southern New Jersey).
The Code Enforcement Official, the Police Department, the Department
of Health, and the Property Maintenance Official are hereby individually
and severally empowered to enforce the provisions of this chapter.
The respective enforcing official may, in his or her discretion, issue
a warning for a first offense.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this chapter or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine of up to $500.