[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:
Any substance used to increase soil fertility for the purpose of
growing lawns.
A.
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.
B.
Time of application. Any and all lawn fertilizer applications
shall not be applied when the ground is frozen.
C.
Buffer zone. Fertilizer applications of any kind shall
not be made within 10 feet of any wetland, stream or any other body of water.
D.
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.
