[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes by Ord. No. 5-92. Amendments noted where applicable.]
Article I Use of Fertilizers
Article II Commercial Fertilizer Application
[Amended by Ord. No. 1-98; 5-8-2000 by Ord. No. 4-2000; 4-24-2006 by Ord. No. 05-06; 8-24-2009 by Ord. No. 11-09]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
- 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.
- 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.
- 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:
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.
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.
Apply fertilizer within the buffer of any water body.
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).
No person may do the following: 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.
Application of phosphorus fertilizer needed for:
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
Reestablishing or repairing a turf area.
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
This article may be enforced by Police or other Borough Officials.
[Amended 5-8-2000 by Ord. No. 5-2000]
No person shall engage in the business of landscaping or commercial lawn fertilizer application within the Borough unless a license has been obtained from the Borough Clerk as provided herein.
Applications for a commercial lawn fertilizer applicator license shall be submitted to the Borough Clerk. The application shall consist of the following:
Fertilizer formula. A copy of the formula for fertilizer mixtures meeting the limitation of § 115-2A to be applied within the Borough shall be submitted along with the initial application for a license and, thereafter, at least 30 days before fertilizer composition changes are implemented.
License fee. The license fee shall be set forth in § 111-3A(4) of this Code. The license shall expire on the 31st day of December. The license fee shall not be prorated.
Commercial fertilizer applicator licenses shall be issued subject to the following conditions, which shall be specified on the license form:
Random sampling. Commercial fertilizer applicators shall permit the Borough to sample any commercial fertilizer application to be applied within the Borough at any time after issuance of the initial license.
Possession of license. The commercial fertilizer application license or a copy thereof shall be in the possession of any party employed by the commercial fertilizer applicator when making fertilizer applications within the Borough.
All licenses issued under this article shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the Borough Manager may:
After due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this article.
Suspend temporarily, pending a hearing or notice thereof, any such license when deemed by the Borough Manager to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period not longer than 10 days.
[Amended 4-24-2006 by Ord. No. 05-06]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article III of Chapter 1 of the Revised General Ordinances of the Borough of Mountain Lakes. Such penalties may be in addition to the revocation or suspension of the license, as provided in § 115-9.